UNANTICIPATED DISCOVERIES Sample Clauses
The "Unanticipated Discoveries" clause defines how parties will handle the ownership, rights, and obligations related to inventions, findings, or intellectual property that are not foreseen at the outset of an agreement. Typically, this clause specifies whether such discoveries made during the course of a project or collaboration belong to one party, are jointly owned, or are subject to further negotiation. For example, if a research partnership unexpectedly develops a new technology, this clause determines who has the rights to use or commercialize it. Its core function is to preempt disputes and provide clarity regarding the treatment of unforeseen innovations, ensuring that all parties understand their interests in any unexpected outcomes.
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UNANTICIPATED DISCOVERIES a) In the event of a discovery of a previously unidentified cultural resource, including but not limited to archaeological sites, standing structures, human remains, and TCPs, after the review process and during construction, the NRCS Louisiana CRS and/or Archaeological Contractor will immediately secure that portion of the APE by the most appropriate available means, to include but not necessarily limited to a 30 m radius buffer around the unexpected discovery and suspend work in that buffered area of the affected resource. The NRCS Louisiana CRS will immediately notify the Louisiana SHPO, consulting Indian tribes/THPOs, and additional consulting parties, as appropriate, of the finding. Any previously unidentified cultural resource will be treated as though it is eligible for the NRHP until other determinations may be made. If consulting parties agree that the cultural resource is not eligible for the NRHP, then suspension of work will end. If the consulting parties agree that the cultural resource is eligible for the NRHP, the NRCS Louisiana, in consultation with the Louisiana SHPO, consulting Indian tribes/THPOs, and additional consulting parties, as appropriate, will develop a treatment plan or Standard Mitigation Measures agreement in accordance with Stipulation VII. NRCS Louisiana will implement the plan or Standard Mitigation Measures agreement once approved by the Louisiana SHPO, Indian tribes/THPOs, and additional consulting parties, as appropriate. If there is a disagreement that cannot be resolved, the formal dispute resolution provisions in Stipulation VIII will be implemented.
b) The NRCS Louisiana will ensure that all contractors (non-archaeological) are made aware of the requirements of the Agreement. In the event that a contractor discovers a previously unidentified cultural resource, the contractor shall immediately notify the Louisiana CRS and/or CR POC and refrain from further project activities within a minimum of 30 m from the discovery (30 m radius no work buffer), and shall take reasonable efforts to avoid and minimize harm to the cultural resource. NRCS Louisiana will implement any additional measures though necessary to secure the cultural resource for safety and security concerns.
UNANTICIPATED DISCOVERIES. If previously unidentified historic properties are discovered during Project construction that may be affected by the undertaking, Eversource and DCR shall notify the signatories of the discovery and cease all work at that location until the requirements of 36 CFR 800.13 and 33 CFR 325, Appendix C have been satisfied.
UNANTICIPATED DISCOVERIES. 1. If previously unidentified archaeological or historic properties, or unanticipated effects, are discovered after VTrans has completed its review under this Agreement, that portion of the project will stop immediately.
2. No further construction in the area of discovery will proceed until the requirements of 36 CFR § 800.13 and NAGPRA implementing regulations at 43 CFR § 10, if applicable, have been satisfied, including consultation with Tribes that may attach traditional cultural and religious significance to the discovered property.
3. VTrans will consult with SHPO and Tribes, as appropriate, to record, document, and evaluate NRHP eligibility of the property and the project’s effect on the property, and to design a plan for avoiding, minimizing, or mitigating adverse effects on the eligible property.
4. If neither SHPO nor a Tribe file an objection within seventy-two (72) hours of VTrans’ plan for addressing the discovery, VTrans may carry out the requirements of 36 CFR § 800.13 on behalf of FHWA and ACHP does not need to be notified.
UNANTICIPATED DISCOVERIES. In the event a previously unknown cultural resource is discovered during the implementation of the ▇▇▇▇▇-▇▇▇▇▇▇▇ Project, all ground disturbance activities shall halt within 150 feet of the area of discovery to avoid or minimize impacts until the property is evaluated for listing on the NRHP by qualified personnel. The following additional steps shall be taken:
a) Powertech will notify the NRC, the BLM (if the site is on BLM land), and the SD SHPO of the discovery within 48 hours. Unanticipated discoveries may include artifacts, bone, features, or concentrations of these materials outside previously identified sites, or in and adjacent to previously identified eligible and not eligible sites. Discoveries may also include stones and groups of stones that are out of place in their sedimentary contexts and may be parts of stone features. A “discovery” may also include changes in soil color and texture, or content suspected to be man-made, such as burned soil, ash, or charcoal fragments.
b) The NRC and BLM (as appropriate) will contact the THPO and/or the Tribal Cultural Resource Office(s) to notify them of an unanticipated discovery soon after notification from Powertech is received.
c) Powertech will have the discovery evaluated for NRHP eligibility by a professional who meets the Secretary of the Interior’s Professional Qualifications Standards in Archaeology (36 CFR § 61).
d) Powertech will provide results of evaluation and initial eligibility recommendation to the NRC and BLM within ten business days of the discovery. If Tribes want to participate in the evaluation efforts, they should contact Powertech within the specified review period.
e) The NRC and/or BLM, in consultation with Tribes and other consulting parties, shall evaluate the cultural resources to determine whether they meet the NRHP criteria and request concurrence of the SD SHPO. Evaluation will be carried out as expeditiously as possible, not to exceed 5 business days.
f) When the NRC, BLM, and SD SHPO agree evaluated properties are NRHP-eligible, avoidance of the properties will be the preferred option. When avoidance is not possible and adverse effects will result, adverse effects will be resolved in accordance with Stipulation 5—Resolution of Adverse Effects.
g) If the NRC, BLM, and SD SHPO, in consultation with the Tribes, make the determination that identified cultural resources are not eligible for listing on the NRHP, no further review or consideration of the properties will be requir...
UNANTICIPATED DISCOVERIES. A. In the event that human remains are encountered during ground disturbing activities within the APE, LJCMG must immediately stop all work in the area and cordon off the area. In accordance with KRS 72.020, the County Coroner and the Louisville Police Department must be contacted immediately. If the County Coroner and the Louisville Police Department determine that the human remains are not of forensic interest, the unexpected discovery must be reported to Kentucky SHPO and LJCMG.
B. In the event that previously unidentified archaeological resources are discovered during ground disturbing activities or unanticipated adverse effects occur on previously identified archaeological sites within the APE, LJCMG will immediately halt all construction work involving subsurface disturbance in the area of the resource and in the surrounding area where further subsurface resources can reasonably be expected to occur and immediately notify the LJCMG and Kentucky SHPO of the discovery.
C. LJCMG and Kentucky SHPO, or an archaeologist approved by them, will inspect the work site within two business days of notification to Kentucky SHPO and determine the area and nature of the affected archaeological resource. Construction work may then continue in the area outside the archaeological resource as defined by LJCMG and Kentucky SHPO, or their designated representatives as long as the resumed construction activities do not impede the archaeological investigations or create a dangerous working environment in the area of the archaeological resources.
1. After the initial inspection, if Kentucky SHPO deems it warranted, an archaeologist who meets the Secretary of the Interior's Professional Qualification Standard, as set forth in 36 CFR Part 61 will contact the Office of State Archaeology (OSA) to obtain a site number.
2. Within 10 working days of the OSA registering the site, LJCMG, in consultation with Kentucky SHPO, will determine the NRHP eligibility of the resource.
3. If LJCMG, in consultation with Kentucky SHPO, determines that the resource is eligible or potentially eligible for inclusion in the NRHP, LJCMG will prepare a plan for its avoidance, protection, or recovery of information. LJCMG and Kentucky SHPO must approve such plan prior to implementation.
4. Work in the affected area must not proceed until either: the development and implementation of appropriate data recovery or other recommended mitigation procedures, or the determination is made that the located resou...
UNANTICIPATED DISCOVERIES. A. Amtrak will develop an Unanticipated Discoveries Plan (UDP) to be included in construction and bidding documents for contractor/team use in the event of unanticipated discoveries. The plan will incorporate a procedure for interacting with the media, a chain of contact, and other relevant provisions, as needed. Amtrak will submit the UDP to the signatories and concurring parties for review and comment following the steps described in Stipulation XI.
B. In the event any previously unidentified historic architectural or archeological resource is discovered, Amtrak will require the contractor to halt all work that may affect the resource. For any discovered archeological resources, Amtrak will also halt work in surrounding areas where additional subsurface remains can reasonably be expected to be present. Work in all other areas of the Project may continue.
C. Amtrak will notify the signatories and consulting parties, and FRA will notify appropriate federally recognized Native American tribes, if appropriate, within 48 hours of the discovery (36 CFR § 800.13(b)(3)). As needed, FRA will also identify and invite additional consulting parties to confer on unanticipated discoveries.
D. Amtrak, in consultation with the signatories and consulting parties, will investigate the discovery site and resource(s) according to the professional standards and guidelines contained in Stipulation IV. Amtrak will prepare and submit a written document containing a proposed determination of NRHP eligibility of the resource, an assessment of project effects on historic properties, if appropriate, and any recommended treatment measures to FRA for review. Upon FRA’s approval, Amtrak will submit the determination of NRHP eligibility, effects assessment, and/or recommended treatment measures document, if appropriate, to MD SHPO and consulting parties, as appropriate, for review and comment. If the potential resource is associated with Native American prehistory or history, FRA will provide the documentation to federally recognized Native American tribes within five working days for their review with a request for comment. The signatories, consulting parties, and federally recognized Native American tribes, if participating, will respond with any comments within five (5) working days of receipt.
E. If it is necessary to develop treatment measures in accordance with Stipulation VIII.D., above, Amtrak will carry out the approach and treatment measures after approval by FRA.
F. Amtrak w...
UNANTICIPATED DISCOVERIES. A. Although archaeological resources are not expected to exist in the immediate project area, unanticipated discoveries may occur. If ground-disturbing activities uncover human remains or archeological or historic resources the County is responsible for the following procedures:
a. If the discovery includes human remains or other indications of human interment, Stipulation VI of this Agreement, Human Remains Discovery Protocol will be adhered to.
b. If the discovery does not appear to include human remains or other indications of human interment, the County will ensure that the following steps will occur:
i. Suspend activities in the vicinity of the discovery and protect the site from any further disturbance.
ii. Notify GOSR at ▇▇▇-▇▇▇-▇▇▇▇, FEMA at ▇▇▇-▇▇▇-▇▇▇▇ and SHPO at 518-237-8643, regarding the discovery; produce digital photographs, which can be transmitted electronically, and which will be sent to GOSR and SHPO under their direction. These photos are for use by the agencies only for identification purposes and will not be duplicated or shared.
iii. GOSR and SHPO will then make a determination whether the discovery warrants additional examination will determine how to proceed in accordance with 36 C.F.R. Part 800.
UNANTICIPATED DISCOVERIES. A. Unanticipated discoveries, including but not limited to human remains, shall comply with applicable state notification standards, federal laws, 36 CFR § 800.13, and the ACHP’s Policy Statement Regarding Treatment of Burial Sites, Human Remains, or Funerary Objects (February 23, 2007). The RE shall ensure that a copy of the unanticipated discovery plan remains onsite for review. The RE shall ensure that requirements of the unanticipated discovery are incorporated into all construction contracts and are in keeping with confidentiality restrictions.
UNANTICIPATED DISCOVERIES. Any unanticipated discoveries during project implementation or any unanticipated adverse effects on identified historic properties will be treated as outlined here. In the event that human remains are encountered during ground disturbing activities within the APE, LJCMG must immediately stop all work in the area in which human remains were discovered and cordon off the area. In accordance with KRS 72.020, the County Coroner and the Louisville Police Department must be contacted immediately. If the County Coroner and the Louisville Police Department determine that the human remains are not of forensic interest, the unexpected discovery must be reported to the Office of State Archaeology, Kentucky SHPO, LMHA, and LJCMG.
UNANTICIPATED DISCOVERIES. A. In accordance with 36 CFR § 800.13, the Corps must consider a process to resolve adverse effects on any post-review discovery of historic properties or unanticipated impacts to historic properties during the construction or implementation of the undertaking.
B. In the event that a previously unidentified archaeological resource is discovered during construction activities, or unanticipated impacts to a known archaeological resource occurs, the Applicant will halt construction activities in the immediate area of the discovery and a 30-m buffer and notify the Corps. In the event that a previously unidentified historic resource is discovered during construction activities, or unanticipated impacts to a known historic resource occurs, the Applicant will halt construction activities within the area of impact (both direct and indirect) and notify the Corps and Consulting Parties. The Corps will be responsible for notifying federally recognized tribes of the findings within seventy-two (72) hours.
C. For unanticipated discoveries identified on the GDOT Frontage Road (per Appendix A), work will stop in the area of the find in accordance with Specification 107.23B Inadvertent Discovery of Cultural Resources and Human Remains in the current version of GDOT’s Standard Specifications Construction of Transportation Systems. GDOT will notify the Applicant and the Corps within twenty-four (24) hours of the discovery.
D. No further construction in the immediate area of the discovery will proceed until the procedures outlined in 36 CFR § 800.13 are completed, including consultation with federally recognized tribes and Consulting Parties.
a. The Corps will consult with the federally recognized tribes, SHPO, and Consulting Parties, as appropriate, to record, document, and evaluate the property for its eligibility to the NRHP, and to determine if the undertaking will have or has had an effect on the property. If the Applicant identifies that it is not practical to conduct a sufficiently comprehensive study to determine the eligibility of the property, then the property will be treated as if eligible and the Applicant shall consult with the Corps, as appropriate, to develop a plan to meaningfully preserve or otherwise document the property.
b. If it is determined that the undertaking shall or has adversely affected the property, the Corps shall consult with federally recognized tribes, SHPO, and Consulting Parties, as appropriate, to design a plan for avoiding, minimizing, ...